Legal Opinion

Olsen v. Federal Kemper Life Assurance Co.

Oregon Supreme Court

Decided May 21, 1985No. TC A8110-06171 CA A26516 SC S30821PublishedCited by 7 opinions

1Opinion of the Court

*171ROBERTS, J.

The issue is whether a failure to fulfill a condition precedent to the formation of an insurance contract prevented the policy from becoming effective.

This is an action on a policy insuring the life of plaintiffs deceased husband. The following dates and events are pertinent. On December 2, 1980, the decedent completed an application for life insurance and delivered it to the defendant. The application contained this provision:

“* * * [T]he Company shall incur no liability under this application until it has been received and approved, a policy issued and delivered and the full…

2Cases cited9 opinions

  1. Shadbolt v. Farmers Insurance ExchangeOregon Supreme Court · 1976
  2. Stinchcombe v. New York Life Ins.Oregon Supreme Court · 1905
  3. Logan v. New York Life InsuranceWashington Supreme Court · 1919
  4. Mutual Life Insurance v. MucklerOregon Supreme Court · 1933
  5. Krause v. WASHINGTON NATIONAL INSURANCE COMPANYOregon Supreme Court · 1970

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Guida v. Paul Revere Life InsuranceDistrict Court, D. New Jersey · 1995
  2. Nike, Inc. v. Northwestern Pacific Indemnity Co.Court of Appeals of Oregon · 2000
  3. Western Fire Insurance v. MillerCourt of Appeals of Oregon · 1989
  4. Wise v. American General Life Insurance CompanyCourt of Appeals for the Third Circuit · 2006
  5. Wise Ex Rel. Estate of Wise v. American General Life InsuranceCourt of Appeals for the Third Circuit · 2006

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API